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One misplaced click either on a link or attachment with malware or hitting “Send” on an incorrectly addressed email or text could cause news of your company’s most closely held secrets to be revealed to the world.

Using rushed typing or a cyberattack as an excuse for the unauthorized disclosure of your legal advice may be about as effective as telling your sixth-grade teacher that your dog ate your homework but, worse, it can result in an ethics inquiry into violations of the duty of confidentiality.

Still worse, the report of the technical consultant you engaged to investigate and remediate the breach or attack may not be subject to privilege if appropriate protections were not in place before the report was prepared. 

How will you explain all this to the Board and senior management so you can get budget for damage control or, preferably, for a cybersecurity program that would reduce these risks ?

In the wake of seemingly weekly cyberattacks and data breaches, this non-traditional and interactive discussion will address ethical challenges of practicing law across electronic frontiers as cybercrime increases exponentially, including:

  • How to satisfy the ethics requirements of technological knowledge, competence and the ability to explain technical challenges to the Board and C-Suite (i.e., your client).
  • The relationship between cybersecurity controls and the requirements of reasonable care to keep legal advice confidential.
  • Engagement of technical consultants following a cyberattack or data breach in a way that maximizes the availability of privilege regarding the consultant’s reports and communications.
  • Protecting communications across national borders within which privilege laws may differ significantly from those in the U.S.

ACC Houston October Chapter Meeting CLE
Managing In-House Counsel Dilemmas: Protecting Attorney/Client Privilege and Avoiding Spoliation
October 11, 2022 | 11:30 am - 1:00 pm | Maggiano's

BoyarMiller Shareholders Chris Hanslik and Andrew Pearce will provide in-house counsel with information on how to avoid common dilemmas. In particular, the panel will address ways to protect attorney/client privilege and avoid spoliation of evidence. They will be joined by Celina Carter, SVP and General Counsel of BWC Terminals, to further elaborate on the role in-house counsel plays in these scenarios

Sponsored by Bradley

So, you just received a government subpoena.  Or maybe an internal whistleblower has raised compliance concerns.  Issues requiring internal investigations arise unexpectedly.  Invariable timely investigation and resolution is essential.  When planning an internal investigation, corporate counsel must keep in mind the significant ethical issue that can arise in the course of such investigations.  Stumbling over issues without advance planning can not only result in legal risk to your client, but in a personal professional risk to you.  This CLE will explore major ethical issues in the Model Rule of Professional Conduct that emerge in the course of internal investigations.  The presenter, Jon Ferry, is a former federal prosecutor and government ethics officer.  He is now a partner in Bradley’s Government Enforcement and Investigations practice group and routinely conducts internal investigations for clients.  He will use case examples to highlight ethical issues in internal investigations and provide practice pointers on how to avoid violation of such rules. 

This presentation provides 1 hour of Ethics CLE credit in NC. Out of State certificates will be provided.

Schedule:
Registration & Networking: 4:30 - 5:30pm
CLE: 5 - 6pm
Networking: 6 - 6:30pm

This year, we are partnering again with the Corporate and Regulatory Compliance Program at the University of Connecticut Law and Business schools to bring our community a terrific mix of topics, with thought leadership and plenty of practical advice. 

We have representatives from government, academia, outside law firms, consulting, and area organizations who will be sharing their current thinking on what it takes to have an effective compliance program and where companies should be focusing their efforts given regulatory and enforcement priorities.  The Compliance Conference also will introduce new approaches to assessing Legal and Compliance Risk and bring active discussion around how to build a strong culture of compliance in today’s diverse and hybrid workplace. 

CMS Expert Guide: Data Law Navigator (CMS)
CMS
400 pages

Learn about key data protection and cybersecurity laws in this multi-jurisdictional guide.

Resource Details
Interest Area: Compliance and Ethics, Technology, Privacy, and eCommerce
Region: Europe, Africa, Middle East, Albania, Algeria, Angola, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Chile, China, Colombia, Croatia, Czech Republic, France, Germany, Hong Kong, Hungary, Kenya, Luxembourg, Montenegro, Netherlands, Peru, Portugal, Romania, Russia, Saudi Arabia, Serbia, Singapore, Slovakia, Slovenia, South Africa, Spain, Switzerland, Turkey, Ukraine, United Arab Emirates, United Kingdom
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